SERVICES
Dismissal for Just Cause
Misappropriation of Company Property: Dismissal Lawful Even Without Leaving the Workplace
Court of Cassation, Labour Division
The case arose from a disciplinary dismissal served by a company on a worker accused of taking a company product without authorisation. The worker argued in his defence that he had taken the item solely to check its price and pass the information to a third party, with no intention of appropriating it.
The dispute reached the Court of Cassation, which was called upon to assess the lawfulness of the dismissal and, in particular, the relevance of the conduct alleged.
The Supreme Court reaffirmed a principle of particular significance: for the purpose of establishing unlawful conduct, it is sufficient that the worker takes possession of the item — it is not necessary for the property to be definitively removed from the employer’s sphere of control. In other words, the conduct is complete at the moment the worker takes possession of the item, regardless of whether he leaves the company premises.
On the question of evidence, the Court also clarified that the burden falls on the worker to demonstrate the alternative purpose of his conduct, where he invokes a justification other than an appropriative intent.
The ruling thus confirms a strict disciplinary approach, reinforcing the protection of company assets and the trust underlying the employment relationship.